“The landmark Mabo case has become an icon of rightness and fairness, particularly demonstrated in this oft-quoted line from the classic 1997 film The Castle: “In summing up, it’s the Constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe’,” says Saibai Elder Aunty Dr Rose Elu, as National Reconciliation Week continues.
Please note:
- First Nations peoples should be aware that this content contains images and names of deceased persons.
- This article was written in 2022 on the 30th Anniversary of the Mabo v Queensland case.
A monuments case for Mer
On 3 June 1992, the High Court of Australia found that a group of five Mabo case plaintiffs from Mer, in the east of the Torres Strait, were the island’s Traditional Owners. This decision was momentous – and not just for these five. The case has had a profound impact on the lives of Aboriginal and Torres Strait Islander peoples. It’s since helped to foster reconciliation between First Nations and non-Indigenous Australians.
The case was named after the first listed plaintiff Eddie Koiki Mabo (1936-1992). Through this case, the myth that at the time of colonisation the lands now known as Australia were terra nullius (or land belonging to no one) was overturned.
Twelve months after the High Court judgement, the Commonwealth Native Title Act 1993 was passed through Australian Parliament. This Act has enabled other First peoples to make claims based on their ongoing traditional rights to their lands and waters.
A realisation
In the early 1970’s, while working as a ground’s person at James Cook University in Townsville, Eddie Koiki Mabo made a realisation. This was after having a conversation with two university historians, Noel Loos and Henry Reynolds. Here’s what Loos said about the conversation:
“…we were having lunch one day when Koiki was just speaking about his land back on Mer, or Murray Island. Henry and I realised that in his mind he thought he owned that land, so we sort of glanced at each other, and then had the difficult responsibility of telling him that he didn’t own that land, and that it was Crown land. Koiki was surprised, shocked…he said, and I remember him saying, ‘No way, it’s not theirs, it’s ours!’”
Eddie Mabo and Bryan Keon-Cohen AM QC outside the High Court of Australia (Image courtesy of AIATSIS)
In September 1981, Mabo presented at a university conference. Land rights expert, and lawyer, Barbara Hocking heard Mabo speak about Mer traditional land ownership and inheritance practices. Hocking subsequently suggested that Mabo bring a land rights test case to court.
Legal claim to land
In May 1982, Mabo and the four other plaintiffs, James Rice, Celuia Mapo Salee, Sam Passi and David Passi, commenced their legal claim in the High Court of Australia.
Sadly, Mabo died of cancer at the age of 56 in January 1992 before the High Court announced their decision. In the following June, the High Court found in favour of the plaintiffs in a 6:1 majority decision, and in their landmark ruling:
“…the High Court recognised the fact that Indigenous peoples had lived in Australia for thousands of years and enjoyed rights to their land according to their own laws and customs.”
Mabo case garners national and international attention
Mabo and the Mabo case garnered an incredible amount of national and international attention, including:
- Film and documentary features written about Mabo and the case;
- The release of a 50-cent coin, designed by Mabo’s granddaughter, by the Royal Australian Mint;
- Google Doodle marking Mabo’s 80th birthday;
- A James Cook University library being named after him;
- A posthumous Australian Human Rights Medal; and
- A star of the Southern Cross was named after him by the Museum of Applied Arts and Sciences.
Eddie Koiki Mabo in Townsville, 1991. Photograph by Bethyl Mabo, AIATSIS Collection, ATSIC.002.BW-E00256_31
The landmark Mabo case has become an icon of rightness and fairness. Particularly, demonstrated in this oft-quoted line from the classic 1997 film The Castle:
“In summing up, it’s the Constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe.”
Mabo Day
The High Court Mabo decision is commemorated yearly on the 3rd of June (Mabo Day).
National Reconciliation Week begins on 27 May. It commemorates the successful 1967 referendum when Aboriginal and Torres Strait Islander people were counted in the census as part of the Australian population and so the Commonwealth was then able to make laws for them under Section 51 of the Constitution.
The Voice to Parliament
In 2021, the Anglican Church Southern Queensland made a submission supporting the call to include an Indigenous Voice in the Constitution. The submission was influenced by the Uluru Statement From the Heart. It would have also been another positive step forward in the Reconciliation journey.
The Uluru Statement From the Heart was a gift to all Australians – a roadmap to fairness and meaningful change.
‘From the Heart’, was a campaign stemming from the National Constitutional Convention that issued the Uluru Statement From the Heart. In 2023, a referendum was held to hear the voice of First Australians. If passed (which unfortunately it didn’t), it would have given us the best chance of closing the health and life expectancy gap between Indigenous and non-Indigenous Australians.
Google Doodle marked Mabo’s 80th birthday (Image courtesy of Google Doodle)
A Voice would’ve enabled Aboriginal and Torres Strait Islander peoples to advise Federal Parliament about laws and policies that impact them in more direct, streamlined and effective ways. Thus, including Aboriginal and Torres Strait Islander people in law-making process, rather than having politicians and policy makers merely deciding what is best for us.
Aboriginal and Torres Strait Islander peoples need to have a say on issues that affect them. It results in better health and education outcomes. The result of the 2023 referendum was devastating and has had profound impacts on First Nations communities. As we continue to reflect on the result, we encourage you to stand by our First peoples and pledge continued support towards recognising their voice and history.
Here are four things you can do to pledge ongoing support:
- Support initiatives that promote the rights, wellbeing and self-determination of Aboriginal and Torres Strait Islander peoples
- Report and stand up to racism and discrimination
- Support and participate in key dates and events that recognise the history of First Australians and their rights
- Advocate to hear the voices of Aboriginal and Torres Strait Islander people.